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[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Proposed Rules]
[Pages 38242-38245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15299]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0572; Project Identifier MCAI-2021-00391-R]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Leonardo S.p.a. Model A119 and AW119 MKII helicopters. This 
proposed AD was prompted by reports of abnormal play on the collective 
torque tube on two Model AW119 MKII helicopters. This proposed AD would 
require repetitive inspections of affected torque tube assemblies for 
any deficiency and corrective action if necessary; and the replacement 
of any affected part with a serviceable part, which is terminating 
action for the repetitive inspections, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is proposed for incorporation 
by reference (IBR). The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
3, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view the EASA material at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of the 
EASA material at the FAA, call (817) 222-5110. EASA material is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0572.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0572; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, the EASA AD, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Mail Stop: Room 410, 
Westbury, NY 11590; telephone (516) 228-7330; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0572; Project Identifier 
MCAI-2021-00391-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

[[Page 38243]]

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Andrea Jimenez, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone 
(516) 228-7330; email [email protected]. Any commentary that the 
FAA receives that is not specifically designated as CBI will be placed 
in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0096, dated March 31, 2021 
(EASA AD 2021-0096), to correct an unsafe condition for Leonardo S.p.A. 
Helicopters, formerly Finmeccanica S.p.A., AgustaWestland S.p.A., 
Agusta S.p.A.; and AgustaWestland Philadelphia Corporation, formerly 
Agusta Aerospace Corporation, Model A119 and AW119MKII helicopters, all 
serial numbers.
    This proposed AD was prompted by reports of abnormal play on the 
collective torque tube on two Model AW119 MKII helicopters. 
Investigations revealed that these events were due to an erroneous 
manufacturing process, affecting certain collective torque tube 
assemblies. The affected batch numbers were identified. Leonardo S.p.a. 
Model A119 helicopters are similar in design and may be subject to the 
same unsafe condition revealed on the Model AW119 MKII helicopters. The 
FAA is proposing this AD to address abnormal play on the collective 
torque tube, which could result in reduced control of the helicopter, 
resulting in a forced landing and consequent damage to the helicopter 
and injury to occupants. See EASA AD 2021-0096 for additional 
background information.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of these same type designs.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0096 requires repetitive inspections of the affected 
torque tube assemblies for any deficiency (i.e., any play) by marking 
the torque tube assembly and the collar and applying specific loads to 
determine if there is any play; and replacement of any affected part 
that has any play with a serviceable part. EASA AD 2021-0096 also 
requires the eventual replacement of any affected part with a 
serviceable part, and specifies that replacement of an affected part on 
a helicopter constitutes terminating action for the repetitive 
inspections for that helicopter.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0096, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use certain civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
EASA AD 2021-0096 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance EASA AD 
2021-0096 in its entirety, through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. Using common terms that are the same as the heading of a 
particular section in EASA AD 2021-0096 does not mean that operators 
need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0096. Service information specified in EASA AD 2021-0096 that is 
required for compliance with it will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0572 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2021-0096 supersedes EASA AD 2019-0057, dated March 20, 
2019 (EASA AD 2019-0057). The Group 1 helicopters identified in both 
EASA AD 2021-0096 and EASA AD 2019-0057 are helicopters with collective 
stick torque tube assemblies having part number (P/N) 109-0011-03-105 
and batch number 823207 or earlier. Paragraph (1) of EASA AD 2021-0096 
addresses Group 1 helicopters that have incorporated the actions 
required by paragraph (2) of EASA AD 2019-0057. The FAA did not issue 
an AD that corresponds to EASA AD 2019-0057, therefore, this proposed 
AD would require, for Group 1 helicopters, an initial inspection of the 
torque tube assembly within 50 hours time-in-service (TIS) after the 
effective date of the FAA AD and repetitive inspections thereafter at 
intervals not to exceed 100 hours TIS.
    In addition, where paragraph (5) of EASA AD 2021-0096 specifies, 
for Group 1 helicopters, replacement of an affected part with a 
serviceable part ``within 36 months after April 3, 2019 [the effective 
date of EASA AD 2019-0057]'', for this proposed AD, the compliance time 
would be within 24 months after the effective date of the FAA AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 136 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 38244]]

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  2 work-hours x $85 per               $0  $170 per            $23,120 per
                                  hour = $170 per                          inspection cycle.   inspection cycle.
                                  inspection cycle..
Replacement....................  16 work-hours x $85 per           9,928  $11,288...........  $1,535,168
                                  hour = $1,360.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Leonardo S.p.a.: Docket No. FAA-2021-0572; Project Identifier MCAI-
2021-00391-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 3, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A119 and AW119 MKII 
helicopters, certificated in any category, all serial numbers.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft 
Flight Control

(e) Unsafe Condition

    This AD was prompted by reports of abnormal play on the 
collective torque tube on two Model AW119 MKII helicopters. The FAA 
is issuing this AD to address abnormal play on the collective torque 
tube, which could result in reduced control of the helicopter, 
resulting in a forced landing and consequent damage to the 
helicopter and injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0096, dated March 31, 2021 (EASA AD 2021-0096).

(h) Exceptions to EASA AD 2021-0096

    (1) Where EASA AD 2021-0096 refers to flight hours (FH), this AD 
requires using hours time-in-service (TIS).
    (2) Where EASA AD 2021-0096 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraphs (1) and (2) of EASA AD 2021-0096 specify 
the compliance times for Group 1 helicopters to inspect the affected 
part, this AD requires an initial inspection within 50 hours TIS 
after the effective date of this AD, and thereafter at intervals not 
to exceed 100 hours TIS.
    (4) Where paragraph (5) of EASA AD 2021-0096 specifies, for 
Group 1 helicopters, replacement of an affected part with a 
serviceable part ``within 36 months after April 3, 2019 [the 
effective date of EASA AD 2019-0057],'' for this AD, that 
replacement must be done within 24 months after the effective date 
of this AD.
    (5) Where the service information referenced in EASA AD 2021-
0096 specifies to return a torque tube assembly to the manufacturer, 
this AD does not include that requirement.
    (6) Where the service information referenced in EASA AD 2021-
0096 specifies to contact the manufacturer ``in case of doubt'' 
regarding the batch number on a torque tube assembly, determining 
the batch number is required by this AD but contacting the 
manufacturer is not required.
    (7) The ``Remarks'' section of EASA AD 2021-0096 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0096 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k)(2) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

[[Page 38245]]

(k) Related Information

    (1) For EASA AD 2021-0096, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may view this 
material at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For 
information on the availability of this material at the FAA, call 
(817) 222-5110. This material may be found in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0572.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone 
(516) 228-7330; email [email protected].

    Issued on July 13, 2021.
Lance T. Gant, Director,
Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2021-15299 Filed 7-19-21; 8:45 am]
BILLING CODE 4910-13-P
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